Legal Question in Landlord & Tenant Law in California

I live in a condo owned by our landlord and run by a Home Owners Association "HOA". I parked in a fire lane for 2 minutes to unpack. A neighbor took pictures of my car parked in the fire lane. I then moved my car and parked in my designated parking spot. The tow truck then towed my car on the grounds that they had a picture of me parked in the fire lane earlier. I paid $360 to get my car out of the impound. I contacted the police and they said I need a lawyer. I contacted the tow and they said I need to take it up with HOA. What, if anything, can I do? Is this legal?
I am in California in San Diego County, in the city of Encinitas. Our landlord stands behind any decision I make.

Asked on 5/02/10, 8:40 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

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I think the police gave you the right advice. You need to contact a local attorney. This forum is the place to get general information and help point you in the right direction. Your situation is such that the towing company and probably the HOA will almost certainly not admit any liability, nor refund your money without the threat of being sued.

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Answered on 5/10/10, 3:57 pm

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